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(영문) 대전지방법원서산지원 2017.06.01 2016가합447
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 3, 2010, the Plaintiff borrowed the interest rate of KRW 7.9% from the Seocho-gu Central Credit Union (hereinafter “Songhae Central Credit Union”) on the same day, KRW 2.5%, the overdue interest rate of KRW 1.75 billion on the due date, KRW 1.75 billion on March 3, 2012, and the interest rate of KRW 7.9% from the Red Credit Union (hereinafter “Songsung”), the overdue interest rate of KRW 18%, the due date of repayment of KRW 950 million on March 3, 2012, and the due date of repayment of KRW 950 million on each real estate listed in the separate sheet owned by the Plaintiff, respectively, and set up a collateral security amount of KRW 2.28 billion on the same day to the Red New Credit Union, and the maximum debt amount of KRW 1.25 million on each maximum debt amount of KRW 35 million on the Red New Credit Union.

(hereinafter referred to as "the principal and interest of this case" in addition to the principal and interest of loan claims against the plaintiff of the Yellow Sea Central Credit Union and Hongsung New Credit Union, and each of the above mortgage claims in the name of the Central Credit Union and Hongsung Credit Union shall be referred to as "the instant collateral security" (hereinafter referred to as "the instant collateral security").

After that, on January 4, 2011, the Central Credit Union and the Red Correspondence Union renounced the right to collateral security on each of the real estate listed in the separate sheet Nos. 1 through 16, 18, 19, 20, 37, and 38, the object of the instant right to collateral security was changed into each of the real estate listed in the separate sheet Nos. 17, 21 through 36, 39, and 47 (hereinafter “instant real estate”).

C. On January 21, 2015, when the Plaintiff delayed the repayment of the principal and interest of the loan, the Seocho Sea Central Credit Union applied for a voluntary auction of the instant real estate to B to this court based on the instant collateral security, and this court rendered a decision to commence voluntary auction of the instant real estate on the same day.

On July 31, 2015, the Central Credit Union and Red New Credit Union transferred all rights, such as the principal and interest of the loan of this case, guaranteed claims, security rights, etc., to the Central Efenna Asset Securitization Co., Ltd. (hereinafter “Central Efenna Asset Securitization”), and thereafter the registration of the transfer of the right to collateral of this case.

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